Terms and Conditions of Contract - UPS Supply Chain Solutions

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considerations between us and the Shipper and Consignee. For purposes of these Terms, “shipment” shall mean one or more pieces, either packages or freight, moving on a single Air Waybill or Gemini Manifest. “Transportation charges” shall mean the amounts assessed for air movement of a shipment from airport to airport and does not include any other fees or charges which may be assessed , such as (but not limited to) Declared Value charges, special handling fees, Customs duties and taxes, C.T.S. charges, and surcharges. All limitations of liability shall be calculated using actual weight of the shipment and shall at no time exceed the actual value of the lost or damaged goods. The Limitations of Liability contained herein apply to ALL SERVICES , unless lower limitations apply. A. OUR LIABILITY FOR DAMAGES ON DOMESTIC SHIPMENTS, INCLUDING BUT NOT LIMITED TO THOSE DAMAGES ARISING FROM OR RELATED TO MISDELIVERY, INCOMPLETE OR OTHERWISE INADEQUATE DELIVERY (INCLUDING BUT NOT LIMITED TO FAILURE TO FOLLOW SHIPPER OR CONSIGNEE INSTRUCTIONS OR FAILURE TO COLLECT OR PROPERLY DELIVER A PAYMENT INSTRUMENT), NON-DELIVERY, MISSED PICKUP, AND LOSS OF OR DAMAGE TO CARGO, SHALL BE LIMITED TO THE HIGHER OF $50.00 (USD) PER SHIPMENT OR $0.50 (USD) PER POUND ($1.10 [USD] PER KILOGRAM) OF THAT PART OF THE CARGO ADVERSELY AFFECTED THEREBY, PLUS TRANSPORTATION CHARGES APPLICABLE TO THAT PART OF THE SHIPMENT ADVERSELY AFFECTED THEREBY, UNLESS AT TIME OF SHIPMENT THE SHIPPER MAKES A DECLARATION OF VALUE FOR CARRIAGE IN THE SPACE DESIGNATED ON THE AIR WAYBILL AND PAYS THE APPROPRIATE VALUATION CHARGE. B. OUR LIABILITY FOR LOSS OR DAMAGE ON INTERNATIONAL SHIPMENTS SUBJECT TO THE UNAMENDED WARSAW CONVENTION OR THE WARSAW CONVENTION AS AMENDED BY THE HAGUE PROTOCOL SHALL BE LIMITED TO $9.07 (USD) PER POUND OR $20.00 (USD) PER KILOGRAM OF THAT PART OF THE CARGO LOST OR DAMAGED PLUS TRANSPORTATION CHARGES APPLICABLE TO THAT PART OF THE SHIPMENT LOST OR DAMAGED, UNLESS AT THE TIME OF SHIPMENT THE SHIPPER MAKES A DECLARATION OF VALUE FOR CARRIAGE IN THE SPACE DESIGNATED ON THE AIR WAYBILL AND PAYS THE APPROPRIATE VALUATION CHARGE. OUR LIABILITY FOR LOSS OR DAMAGE ON INTERNATIONAL SHIPMENTS SUBJECT TO MONTREAL PROTOCOL 4 SHALL BE LIMITED TO A SUM OF 17 SPECIAL DRAWING RIGHTS PER KILOGRAM OF THAT PART OF THE CARGO LOST OR DAMAGED PLUS TRANSPORTATION CHARGES APPLICABLE TO THAT PART OF THE SHIPMENT LOST OR DAMAGED, UNLESS AT THE TIME OF SHIPMENT THE SHIPPER MAKES A DECLARATION OF VALUE FOR CARRIAGE IN THE SPACE DESIGNATED ON THE AIR WAYBILL AND PAYS THE APPROPRIATE VALUATION CHARGE. SHIPPER SHALL BE RESPONSIBLE FOR KNOWING THE VALUE OF 17 SPECIAL DRAWING RIGHTS. FOR SHIPPER’S CONVENIENCE ONLY, CONVERSION RATES FOR THE SPECIAL DRAWING RIGHTS CAN BE FOUND BY CONTACTING THE INTERNATIONAL MONETARY FUND, OR BY VIEWING THEIR WEB SITE AT “WWW.IMF.ORG/EXTERNAL/NP/ TRE/SDR/SDR.HTM”. IN THE EVENT THE WARSAW CONVENTION, INCLUDING ANY APPLICABLE AMENDMENTS THERETO, DOES NOT APPLY FOR ANY REASON, OUR LIABILITY FOR LOSS OR DAMAGE ON INTERNATIONAL SHIPMENTS SHALL BE LIMITED TO $9.07 (USD) PER POUND OR $20.00 (USD) PER KILOGRAM OF THAT PART OF THE CARGO LOST OR DAMAGED PLUS TRANSPORTATION CHARGES APPLICABLE TO THAT PART OF THE SHIPMENT LOST OR DAMAGED, UNLESS AT THE TIME OF SHIPMENT THE SHIPPER MAKES A DECLARATION OF VALUE FOR CARRIAGE IN THE SPACE DESIGNATED ON THE AIR WAYBILL AND PAYS THE APPROPRIATE VALUATION CHARGE. OUR LIABILITY FOR ALL OTHER DAMAGES ON INTERNATIONAL SHIPMENTS, INCLUDING BUT NOT LIMITED TO THOSE DAMAGES ARISING FROM OR RELATED TO MISDELIVERY, INCOMPLETE OR OTHERWISE INADEQUATE DELIVERY (INCLUDING BUT NOT LIMITED TO FAILURE TO FOLLOW SHIPPER OR CONSIGNEE INSTRUCTIONS OR FAILURE TO COLLECT OR PROPERLY DELIVER A PAYMENT INSTRUMENT), NON-DELIVERY, AND MISSED PICKUP SHALL BE LIMITED TO THE HIGHER OF $50.00 (USD) PER SHIPMENT OR $0.50 (USD) PER POUND ($1.10 [USD] PER KILOGRAM) OF THAT PART OF THE CARGO ADVERSELY AFFECTED THEREBY, PLUS TRANSPORTATION CHARGES APPLICABLE TO THAT PART OF THE SHIPMENT ADVERSELY AFFECTED THEREBY, UNLESS AT TIME OF SHIPMENT THE SHIPPER MAKES A DECLARATION OF VALUE FOR CARRIAGE IN THE SPACE DESIGNATED ON THE AIR WAYBILL AND PAYS THE APPROPRIATE VALUATION CHARGE. 16
C. WHEN DECLARATION IS MADE, THE VALUE PER POUND OR PER KILOGRAM FOR CALCULATING DECLARED VALUE LIABILITY SHALL BE DETERMINED BY DIVIDING THE SHIPPER’S DECLARED VALUE FOR CARRIAGE BY THE ACTUAL WEIGHT OF THE SHIPMENT, ON A PRO RATA BASIS. LIABILITY SHALL IN NO EVENT EXCEED THE DECLARED VALUE OF THE SHIPMENT, PLUS APPLICABLE FREIGHT CHARGES, OR THE ACTUAL AMOUNT OF LOSS OR DAMAGE, WHICHEVER IS LOWER. IF THE SHIPPER REQUESTS SHIPPER’S INTEREST INSURANCE, THE AMOUNT OF INSURANCE MUST BE ENTERED IN THE INSURANCE SECTION OF THE SHIPPER’S LETTER OF INSTRUCTION OR THE AIR WAYBILL. WHEN THE SHIPMENT IS SUBJECT TO THE WARSAW CONVENTION, OR OTHER APPLICABLE AMENDMENT THERETO, THE SHIPPER ACKNOWLEDGES THAT HE OR SHE HAS BEEN GIVEN THE OPPORTUNITY TO DECLARE A VALUE IN EXCESS OF THE APPLICABLE LIABILITY LIMITS. D. WHEN THE SHIPPER DECLARES A VALUE THAT EXCEEDS $0.50 (USD) PER POUND OR $50.00 (USD), WHICHEVER IS GREATER, ON DOMESTIC SHIPMENTS, AN ADDITIONAL CHARGE OF $0.65 (USD) FOR EACH $100.00 (USD) OR FRACTION THEREOF, SUBJECT TO A MINIMUM CHARGE OF $2.50 (USD) PER SHIPMENT, WILL BE ASSESSED ON THE DECLARED VALUE SHOWN ON THE AIR WAYBILL. E. WHEN THE SHIPPER DECLARES A VALUE THAT EXCEEDS $9.07 (USD) PER POUND ($20.00 [USD] PER KILOGRAM) ON SHIPMENTS MOVING BETWEEN THE UNITED STATES AND CANADA, A CHARGE OF $0.65 (USD) FOR EACH $100.00 (USD) OR FRACTION THEREOF, SUBJECT TO A MINIMUM CHARGE OF $3.75 (USD) PER SHIPMENT, WILL BE ASSESSED ON THE DECLARED VALUE SHOWN ON THE AIR WAYBILL. F. WHEN THE SHIPPER DECLARES A VALUE THAT EXCEEDS $9.07 (USD) PER POUND OR $20.00 (USD) PER KILOGRAM, OR 17 SPECIAL DRAWING RIGHTS, FOR AN INTERNATIONAL SHIPMENT NOT MENTIONED ABOVE, A VALUATION CHARGE OF $0.85 (USD) FOR EACH $100.00 (USD) OR FRACTION THEREOF, SUBJECT TO A MINIMUM CHARGE OF $2.50 (USD) PER SHIPMENT, WILL BE ASSESSED ON THE DECLARED VALUE ON THE AIR WAYBILL. G. THE VALUE PER POUND OR PER KILOGRAM FOR APPLYING VALUATION CHARGES SHALL BE DETERMINED BY DIVIDING THE SHIPPER’S DECLARED VALUE FOR CARRIAGE BY THE ACTUAL WEIGHT OF THE SHIPMENT. H. OUR LIABILITY FOR THE LOSS OF, OR DAMAGE TO, OR ANY DELAY IN THE DELIVERY OF SHIPMENTS ON INTERNATIONAL CARRIAGE BY ROAD SHALL BE LIMITED BY THE CONVENTION OF THE INTERNATIONAL CARRIAGE OF GOODS BY ROAD, SIGNED AT GENEVA, SWITZERLAND, ON MAY 19, 1956 (“CMR CONVENTION”), TO AN AMOUNT EQUAL TO THE ACTUAL VALUE OF SUCH PROPERTY, WHICH SHALL BE PRESUMED NOT TO EXCEED APPROXIMATELY 25 FRENCH GOLD FRANCS PER KILOGRAM UNLESS THE SHIPPER, AT THE TIME OF PRESENTING SUCH PROPERTY FOR TRANSPORTATION, HAS DECLARED A HIGHER VALUE AND PAID AN ADDITIONAL CHARGE, IN WHICH EVENT UPS SUPPLY CHAIN SOLUTIONS’ LIABILITY SHALL NOT EXCEED SUCH HIGHER DECLARED VALUE. THE LIABILITY LIMIT OF 25 FRENCH GOLD FRANCS IS DEEMED APPROXIMATELY $2.00 (USD) PER KILOGRAM ON THE BASIS OF $42.22 (USD) PER OUNCE OF GOLD. I. FOR MULTIMODAL TRANSPORTATION OF SHIPMENTS, IF THE STAGE OF TRANSPORT WHERE THE LOSS OR DAMAGE OCCURRED IS KNOWN, OUR LIABILITY SHALL BE DETERMINED BY THE PROVISIONS CONTAINED IN ANY INTERNATIONAL CONVENTION OR NATIONAL LAW, IF ANY, WHICH PROVISIONS WOULD HAVE APPLIED IF SHIPPER HAD MADE A SEPARATE AND DIRECT CONTRACT WITH US UNDER OUR CURRENT TERMS AND CONDITIONS OF CONTRACT FOR THAT MODE IN RESPECT WHERE THE LOSS OR DAMAGE OCCURRED AND RECEIVED AS EVIDENCE THEREOF ANY PARTICULAR DOCUMENT WHICH MUST BE ISSUED IF SUCH INTERNATIONAL CONVENTION OR NATIONAL LAW SHALL APPLY. NOTWITHSTANDING THE ABOVE, IF THE LOSS OR DAMAGE OCCURRED DURING TRANSPORT BY SEA OR INLAND WATERWAYS, THE LIMITATIONS OF LIABILITY PROVISIONS OF THE HAGUE RULES CONTAINED IN THE INTERNATIONAL CONVENTION FOR THE UNIFICATION OF CERTAIN RULES SIGNED AT BRUSSELS ON AUGUST 25, 1924, OR OF ANY LEGISLATION OF THE HAGUE RULES CONTAINED IN THE PROTOCOL OF BRUSSELS, DATED FEBRUARY 23, 1968, IN THOSE COUNTRIES WHERE THEY ARE IN FORCE AS ENACTED IN THE COUNTRY OF SHIPMENT SHALL APPLY. J. NOTWITHSTANDING THE ABOVE LIMITATIONS, DOMESTIC SHIPMENTS CONTAINING THE 17
Page 1 and 2: TERMS AND CONDITIONS OF CONTRACT Un
Page 3 and 4: G. A contact name, address, ZIP cod
Page 5 and 6: UNUSUAL PIECES A. Shipments moving
Page 7 and 8: 7. C.T.S. shipments refused or uncl
Page 9 and 10: For international shipments, contac
Page 11 and 12: 1. Origin services requiring inside
Page 13 and 14: etween points in Canada shipments o
Page 15: 5. Acts or omissions of any person
Page 19 and 20: XVIII. NOTICE AND DISPOSITION OF PR
Page 21 and 22: E. When vehicles are held for loadi
Page 23 and 24: prohibited by law. S. Shipments tha
Page 25 and 26: following requirements: A. Shipment
Page 27: H. Constant Surveillance Service is

Terms and Conditions of Contract - UPS Supply Chain Solutions

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